BEFORE THE BOARD OF COUNTX- COMMISSIONERS

OF LANCASTER COUNTX-, NEBRASKA

IN THE MATTER OF ADOPTING )MINIMUM ROAD STANDARDS FOR )ROADS IN UNINCORPORATED AEEAS ) RESOLUTION NO. R-19-0051PURSUANT TO NEB. REV. STAT. § )39-1501(5) )

WHEREAS, pursuant to Neb. Rev. Stat. § 39-1501(5), the Lancaster County

Board of County Commissioners ("Board") has adopted minimum standards for

roads in unincorporated areas, as embodied in Resolutions Nos. 2929 (1975); 3039

(1975); 3650 (1981); 4693 (1990); R-99-1398 (1999); and R-05-0009 (2005) ("pastresolutions"))'

WHEREAS, the Board now wishes to adopt revised minimum standards for

roads in unincorporated areas; and

WHEREAS, the Board also wishes to repeal those past resolutions;

NOW, THEREFORE, BE IT RESOLVED by the Board, in regular sessionassembled in the County-City Building in Lincoln, Lancaster County, as follows:

1. The Board hereby adopts as minimum standards for roads in

unincorporated areas pursuant to Neb. Rev. Stat. § 39-1501(5) those

standards provided in the document entitled 'Minimum Road Standards

for Maintenance in Unincorporated Areas," which document is

attached hereto as Exhibit A and is incorporated herein by

this reference; and

2. The following Resolutions are hereby repealed:

a. Resolution No. 2929 (1975);

b. Resolution No. 3039 (1975);

c. Resolution No. 3650 (1981);

d. Resolution No. 4693 (1990);

e. Resolution No. R-99-1398 (1999); and

f. Resolution No. R-05-0009 (2005).

DATED this __ __ day of A-\\.'\u~ - . 2019.

APPEOVED AS TO FORMthis day of

/W.'n,tc+- _, 2019.J

IA ^ xfor P^T C(()NJ>ON~' ^Lancaster County Attorney

BY THE BOAED OF COUNTYCOMMISSIONERS OF LANCASTERCOUNTY, NEBRASKA

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EXHIBIT A to Resolution No. R-19-0051

MINIMUM ROAD STANDARDS

FOR MAINTENANCE IN UNINCORPORATED AREAS

1. For purposes of these Standards:

a. “County” means the County of Lancaster, Nebraska.

b. “Dwelling” shall have the meaning ascribed to it in the 1979 Zoning

Resolution of Lancaster County, as amended.

c. “Platted Area” means the area within either:

i. a preliminary plat; or

ii. a community unit plan;

that has been approved by the Lincoln-Lancaster County Planning

Commission.

d. “Platted Lot” means a lot within a Platted Area upon which a Dwelling

may be constructed pursuant to the 1979 Zoning Resolution of

Lancaster County, as amended.

e. “Road” means a road that has been dedicated to the public and is

located in unincorporated areas of the County.

f. “Standards” means The Minimum Road Standards for Maintenance in

Unincorporated Areas adopted by the County.

g. “Through Street” means a Road contained in a Platted Area that

physically connects to both:

i. A Road maintained by the County; and

ii. Another Road maintained by the County.

2. The Standards apply to all Roads.

3. Before the County shall maintain any Road, any person, corporation,

partnership, or any other entity, desiring the County to maintain such Road

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shall apply to the County to request the County to maintain such Road as

provided herein.

4. Before the County shall maintain any Road, the applicant shall fully satisfy

these Standards.

5. All Roads shall be inspected by the County Engineer or the County

Engineer’s designee, who shall issue certificates for all phases of construction

showing compliance or non-compliance with the Standards. The County

Engineer shall be notified by the applicant at the beginning and end of each

phase of construction, and a written application for maintenance of any such

road shall be made by the applicant to the County Engineer. Upon the

applicant’s completion of construction or improvements of a Road, the

delivery of the certificate described herein, documentation from the applicant

that the costs of any Road improvements have been paid by applicant, and

final certification of by the County Engineer to the applicant of conformity of

the Road to the Standards, the County Engineer shall certify in writing to the

County Board that the Road for which application has been made conforms to

the Standards.

6. Except as provided herein, all Roads shall conform to the standards set by

the Nebraska State Board of Public Roads Classification: Table 001.03F

National Functional Classification Local, the typical cross section of which is

set forth in Attachment A to this Exhibit, which Attachment A is attached

hereto and incorporated herein by this reference.

Roads that were graded to the typical cross-section acceptable for

maintenance by the County before March 4, 1975, need not be reconstructed

to comply with the typical grading cross-section set forth above in order to

satisfy the requirements of Paragraph 6.

7. Right-of-way on Roads shall be dedicated, and the minimum width of such

right-of-way shall be, in conformance with Chapter 4 of the Land Subdivision

Resolution of the County of Lancaster, Nebraska, as amended.

8. All Roads shall be designed for a minimum motor vehicle speed of thirty (30)

miles per hour.

9. The maximum grade of all Roads shall be seven (7) percent. The minimum

grade shall be five-tenths (5/10) percent.

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10. All traffic control devices, including but not limited to traffic signs, shall be

erected in accordance with the Manual On Uniform Traffic Control Devices

adopted by the State of Nebraska, and shall be approved in writing by the

County Engineer.

11. All across-the-Road drainage structures shall be constructed based on

computations using one of the following methods:

a. The Rational Method;

b. The SCS Method; or

c. Regression Equations and prevailing hydrologic guidance approved in

writing by the County Engineer.

Within watersheds under one hundred (100) acres, Road drainage structures

shall be designed for a minimum ten-year (10-year) storm frequency. Within

watersheds over one hundred 100 acres, Road drainage structures shall be

designed for a minimum twenty-five-year (25-year) storm frequency.

Notwithstanding the foregoing, the County Engineer may require that higher

storm frequencies be used.

In no case shall the design headwater elevation exceed the proposed shoulder

elevation.

12. Construction procedures for Roads covered by these Standards shall conform

to the requirements for Class II Embankment, as set forth in the State of

Nebraska Standard Specifications for Highway Construction.

13. All Roads shall be surfaced as follows:

a. When Roads are located within a Platted Area where the average lot

size is one half (1/2) acre or less, or where there are two (2) or more

dwelling units per acre, such Roads shall be surfaced, and shall include

curb and gutter structures, in accordance with the City of Lincoln

Standards and Regulations for Residential Streets; or

b. When Roads are located within a Platted Area where the average lot

size is less than three (3) acres, but more than one-half (1/2) acre, such

Roads shall be hard-surfaced with a type of material and thickness as

specified by the County Engineer; or

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c. When Roads are located within a Platted Area where the average lot

size is three (3) acres or more, such Roads shall be surfaced with three

(3) inches of crushed rock embedded as specified in the State of

Nebraska Standard Specifications for Highway Construction plus one

(1) inch of gravel as specified in the State of Nebraska Standard

Specifications for Highway Construction.

14. Roads falling within the criteria of Paragraphs 13.a, 13.b, or 13.c may be

surfaced in a manner that exceeds the minimum standards set forth in

Paragraphs 13.a, 13.b, or 13.c, provided that either:

a. The surfacing complies with all of the minimum standards applicable

to any area of higher density; or

b. The surfacing is approved in advance in writing by the County Board,

following a review and recommendation by the County Engineer.

All Roads within any Platted Area shall utilize the same type of surfacing

throughout the Platted Area unless the County Engineer approves a

deviation from this requirement in advance in writing.

15. The County shall not accept any Road for maintenance until the Platted Area

within which the Road is located meets the following requirements:

a. For a Platted Area where the average Platted Lot size is one-half (1/2)

acre or less, or where there are two (2) or more Dwellings per acre, the

Platted Area shall have completed and occupied Dwellings on at least:

i. twenty (20) Platted Lots within the Platted Area; and

ii. eighty (80) percent of the Platted Lots within the Platted Area;

Except that when the Platted Area contains in total fewer than twenty

(20) Platted Lots, the Roads in such Platted Area may be accepted for

maintenance if the Platted Area contains a Through Street.

b. For a Platted Area where the average Platted Lot size is two (2) acres

or less, but greater than one-half (1/2) acres, the Platted Area shall

have completed and occupied Dwellings on at least:

i. ten (10) Platted Lots within the Platted Area; and

ii. seventy (70) percent of the Platted Lots within the Platted Area;

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Except that when the Platted Area contains in total fewer than ten

(10) Platted Lots, the Roads in such Platted Area may be accepted for

maintenance if the Platted Area contains a Through Street.

c. For a Platted Area where the average Platted Lot size is greater than

two (2) acres, the Platted Area shall have completed and occupied

Dwellings on at least:

i. six (6) Platted Lots within the Platted Area; and

ii. sixty (60) percent of the Platted Lots within the Platted Area;

Except that when the Platted Area contains in total fewer than six (6)

Platted Lots, the Roads in such Platted Area may be accepted for

maintenance if the Platted Area contains a Through Street.

d. For purposes of Paragraphs 15.a, 15.b, and 15.c:

i. Any Platted Lot that has access to a County Road that is

presently being maintained by the County shall be excluded

from the calculation of the number of Platted Lots contained in a

Platted Area; and

ii. Any completed and occupied Dwelling on a Platted Lot that has

access to a County Road that is presently being maintained by

the County shall be excluded from the calculation of the number

and percentage of completed and occupied Dwellings on Platted

Lots within a Platted Area.

e. The County shall not accept for maintenance any Road in a Platted

Area that does not physically connect to an existing Road currently

maintained by the County.

f. Roads that were dedicated prior to the adoption of this Resolution need

not be reconstructed to comply with the requirements of Paragraph 15

and shall conform to the requirements in effect at the time the Roads

were dedicated.

16. Notwithstanding the County’s acceptance of Roads for maintenance, mowing

and trimming of the seeded portion of all Roads at all times shall be the

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responsibility of the adjacent landowner. Seeding mix and widths along

Roads shall be in conformance with the requirements of the State of

Nebraska Standard Specifications for Highway Construction.

17. The County’s acceptance of Roads for maintenance shall not relieve any

developer of any guarantees or agreements made by the developer in

conjunction with the platting of any subdivision in, or addition to, the

County, and the County expressly does not accept responsibility for any such

guarantee or agreement made by such a developer.

18. References to any State of Nebraska publication within these Standards shall

be construed to refer to the publication in effect at the time that a Platted

Area has been approved by the Lincoln-Lancaster County Planning

Commission.